| Charities Bill [Lords] - continued | House of Commons |
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Power to institute inquiries Mr Andrew Turner
NC2 To move the following Clause:— ‘(1) Section 8 of the 1993 Act is amended as follows— (2) At the beginning of subsection (1), insert “Subject to subsection (1A) below”. (3) After subsection (1), insert— “(1A) The Commissioners may only institute such an inquiry on reasonable grounds and such grounds must be communicated in writing by the Commission within 7 days of the opening of such an inquiry to— (a) the persons who are, or claim to be, the charity trustees of every institution which is the subject of such an inquiry; and (b) (if a body corporate) each institution which is the subject of such an inquiry.”. (4) After subsection (6), insert— “(6A) In the case of either form of publication determined by the Commissioners under subsection (6) above, the Commissioners shall allow the persons who are, or claim to be, the charity trustees of every institution which is the subject of such an inquiry to add their own comments to such report or statement provided such comments are not manifestly unreasonable and are provided within such reasonable period as the Commissioners may determine.”’. Reasons for appointing an interim manager of a charity Mr Andrew Turner
NC3 To move the following Clause:— ‘In section 19 of the 1993 Act, after subsection (1), insert— “(1A) Within seven days of an appointment under subsection (1), the Commission must communicate in writing to— (a) the persons who are or claim to be the charity trustees of the institution concerned; and (b) (if a body corporate) the institution which is the subject of such an appointment; the reasons why they consider such an appointment necessary and appropriate.”’. Remuneration of an interim manager of a charity Mr Andrew Turner
NC4 To move the following Clause:— ‘In section 19 of the 1993 Act— (a) in subsection (5) leave out “the charity concerned” and insert “the commission”; (b) in subsection (6) leave out “out of the income from the charities concerned” and insert “by the commission”.’. Amendment of section 19 of the 1993 Act Mr Andrew Turner
NC5 To move the following Clause:— ‘Section 19 of the 1993 Act in subsection (3) is amended by inserting after “as they think fit”, the words “, who may, where appropriate to the size of the charity and expertise required by the charity, act in a voluntary capacity.”’. Disqualification for acting as a charity trustee James Duddridge
NC6 To move the following Clause:— ‘In section 72 of the 1993 Act (Persons disqualified for being trustees of a charity), at beginning insert— “(A1) A person may not be disqualified from being a charity trustee on the grounds of a learning disability.”’. Loss of charitable status Martin Horwood NC7 To move the following Clause:— ‘Where charitable status is withdrawn from any organisation or institution the assets of that charity must be deployed or protected for the charitable purpose for which they were originally constituted with regard to— (a) the continuity of that purpose; (b) the need to maintain public confidence in that purpose; and (c) the interests of beneficiaries.’. The Charity Independent Complaints Reviewer Martin Horwood NC8 To move the following Clause:— ‘After section 2D of the 1993 Act (inserted by section 8 of this Act) insert— “Part 1B THE CHARITY INDEPENDENT COMPLAINTS REVIEWER 2E The Charity Independent Complaints Reviewer (1) There shall be a complaints reviewer to be known as the Charity Independent Complaints Reviewer (in this Act referred to as “the Reviewer”). (2) The function of the Reviewer will be to investigate complaints against the Charity Commission’s performance of its regulatory role and, where appropriate, make financial awards of compensation against the Charity Commission, whether limited consolatory payments or unlimited payments for financial loss, and make recommendations. (3) Except where the Reviewer finds the complainant has acted frivolously, vexatiously or unreasonably, the complainant shall not be required to pay any part of the costs of the investigation. (4) No complainant shall be required to use any internal complaints procedure of the Charity Commission, the Parliamentary Commissioner for Administration, the Charity Tribunal or the courts before the Reviewer will consider the case, and any consideration by the Reviewer will not prevent the case subsequently being considered by the Parliamentary Commissioner for Administration or the courts. (5) The Reviewer shall be appointed by the Lord Chancellor on such other terms as he, after consultation, shall think fit.”’. Appointment and payment of the Receiver and Manager Martin Horwood NC9 To move the following Clause:— ‘(1) In section 19(1) of the Charities Act 1993, at end insert “subject to a public tender exercise conducted in line with best practice from the Office of Government Commerce.” (2) In section 19(6)(b) of the Chairities Act 1993 (c. 10), after “the income of the charities concerned”, insert “subject to a public tender exercise and up to a sum agreed in such an exercise, any additional costs to be met by the Commission.”’. Property in trusts from residuary legacies Martin Horwood NC10 To move the following Clause:— ‘(1) After section 36(5) of the Charities Act 1993 (c.10) insert— “(5A) References to a “charity trustee” in this section mean a trustee of the relevant charity or any proper officer with delegated authority from trustees.” (2) After section 36(9) of the 1993 Act insert— “(9A) Requirements in subsection (3), above, do not apply to any property under the value of £500,000 or a sum afterwards determined by an order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament.”’. Small charities: remittance of fees Mr Andrew Turner NC11 To move the following Clause:— ‘(1) Where any fee or charge is payable to a local authority under any enactment, the local authority may draw up and operate a scheme of fee remittances for any class of small charities. (2) “Small charity” in this section means any charity with a turnover of less than £100,000 per year.’. Powers of assistance and supervision of charities Mr Andrew Turner NC12 To move the following Clause:— ‘In undertaking any action under sections 19, 20, 21 or 26, the Commission shall have regard to— (a) the need to ensure that the burden on staff or volunteers of the charity is proportionate to the objectives of the action taken or proposed; (b) the need to ensure that its costs are proportionate to the objectives of the action taken or proposed; and (c) the extent to which the charity depends on regular donations from members of the public.’. Exercise of information powers Mr Andrew Turner NC13 To move the following Clause:— ‘Before section 8 of the 1993 Act insert— “Z8 Exercise of information powers In undertaking any action under sections 19, 20 or 26, the Commission shall have regard to— (a) the need to ensure that the burden on staff or volunteers of the charity is proportionate to the objectives of the action taken or proposed; (b) the need to ensure that its costs are proportionate to the objectives of the action taken or proposed; and (c) the extent to which the charity depends on regular donations from members of the public.”.’. ORDER OF THE HOUSE [26TH JUNE 2006] That the following provisions shall apply to the Charities Bill [Lords]: Committal 1. The Bill shall be committed to a Standing Committee. Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July 2006. 3. The Standing Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other Proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed. ORDER OF THE COMMITTEE [4TH JULY 2006] That— (1) during proceedings on the Charities Bill [Lords] the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 4th July) meet— (a) at 4.00 p.m. on Tuesday 4th July; (b) at 9.00 a.m. and 1.00 p.m. on Thursday 6th July; (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 11th July; (d) at 9.00 a.m. and 1.00 p.m. on Thursday 13th July; (2) the proceedings shall be taken in the following order: Clauses 1 to 6; Schedules 1 and 2; Clauses 7 and 8; Schedules 3 and 4; Clauses 9 to 12; Schedule 5; Clauses 13 to 30; Schedule 6; Clauses 31 to 34; Schedule 7; Clauses 35 to 74; Schedules 8 to 10; Clauses 75 to 78; new Clauses; new Schedules; remaining proceedings on the Bill; (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 13th July. |
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